Description: This section takes us through judicial review.
Goals: After reading through the material above, you should be able to address the following questions:
- What is judicial review. Which institution has it and why?
- Why did Hamilton argue that judicial review was necessary? Why were the framers of the Constitution unwilling to give the power to any institution in the original document?
- Be familiar with the issues associated with Marbury v Madison.
- Why is constitutional law held to be superior to statutory law?
- What arguments exist over how the Constitution ought to be interpreted? What different techniques exist?
- How might a loose interpretation of the Constitution lead to the discovery of rights that one with the strict interpretation would not recognize? How was the discovery of some rights justified?
- What limits ought to exist on the power of judicial review? What is judicial activism and judicial restraint?
- How does judicial review allow interest groups to use the courts to challenge statutory law? Be able to answer questions about famous test cases.
- What impact does judicial review have on the power of the courts?
- What did Hamilton say about the strength of the court?
- What is the current composition of the Supreme Court? What is the ideological breakdown of members of the court?
Power Points
Description: This section takes us through judicial review.
Goals: After reading through the material above, you should be able to address the following questions:
- What is judicial review. Which institution has it and why?
- Why did Hamilton argue that judicial review was necessary? Why were the framers of the Constitution unwilling to give the power to any institution in the original document?
- Be familiar with the issues associated with Marbury v Madison.
- Why is constitutional law held to be superior to statutory law?
- What arguments exist over how the Constitution ought to be interpreted? What different techniques exist?
- How might a loose interpretation of the Constitution lead to the discovery of rights that one with the strict interpretation would not recognize? How was the discovery of some rights justified?
- What limits ought to exist on the power of judicial review? What is judicial activism and judicial restraint?
- How does judicial review allow interest groups to use the courts to challenge statutory law? Be able to answer questions about famous test cases.
- What impact does judicial review have on the power of the courts?
- What did Hamilton say about the strength of the court?
- What is the current composition of the Supreme Court? What is the ideological breakdown of members of the court?